OpenLegislation

Regulation 22 Chapter 4 of Part 2 of the 2004 ActF1F2I1

England, Wales and Scotland

The provisions of Chapter 4 of Part 2 of the 2004 Act referred to in regulation 19(1)(c) apply for the purposes of these Regulations as if–

(a)

any reference to “protected natural feature” was a reference to a natural feature–

(i)

by reason of which the land is a European site; or

(ii)

by reason of which a nature conservation order has effect;

(b)

in section 40 (restoration orders)–

(i)

in subsection (1)(b), the reference to “19(3)” was omitted; and

(ii)

in subsection (4)(a), the reference to “£40,000” was a reference to “level 5 on the standard scale”;

(c)

in section 41(1) (signs etc.) for the words from “any land” to the end there was substituted “ a European site ”;

(d)

in section 43 (powers of investigation etc.: police) the references to “this Part” in each place where they occur were references to regulations 18 to 22 of these Regulations; and

(e)

in section 44 (powers of entry: authorised persons)–

(i)

in subsection (i)–

(a)

paragraphs (a) and (j) were omitted;

(b)

in paragraphs (c) and (d), the reference to “management agreement” included a reference to a management agreement entered into under regulation 16 of these Regulations;

(c)

in paragraph (f), for the words from “section 19(1)” to “20” there were substituted references to regulations 18 to 22 of these Regulations;

(d)

in paragraph (l), the reference to “section 48(10)” was a reference to regulation 108 of these Regulations; and

(ii)

in subsection (2)(c), the reference to “section 48(10)” was a reference to regulation 108 of these Regulations.

Annotations

Textual amendments

F1

Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)

F2

Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)

Commencement

I1

Reg. 22 in force at 30.10.1994, see reg. 1(2)

Notes on Special nature conservation orders

Textual amendments

F2

Regs. 18-22 substituted (S.) for regs. 18-22 and cross-headings (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 9 (with regs. 20, 21)